Burton

Burton v. New United Motor Manufacturing

Good Law
127 F. App'x 283
United States Court of Appeals for the Ninth CircuitApril 1, 2005No. 03-16287California627 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Lougenia Burton sued appellee New United Motor Manufacturing (“United”) in federal district court seeking damages for alleged discrimination based on sex and sexual harassment under Title VII (42 U.S.C. § 2000e et seq.) and the California Fair Employment and Housing Act (Cal. GovtCode § 12940 et seq.) (“FEHA”), and for common law emotional distress. 1 United filed a motion for summary judgment on the grounds, inter alia, that Burton’s employment claims were barred for failure to exhaust her administrative remedies, and that her emotional distress claims were time-barred. The district court denied Burton’s motion requesting additional discovery pursuant to Federal Rule of Civil Procedure 56(f), and granted summary judgment in favor of United. We affirm.

The district court’s grant of summary judgment is reviewed de novo. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). Under Title VII, an administrative com *285 plaint must be filed with the federal Equal Employment Opportunity Commission (“EEOC”) within 300 days of the alleged unlawful employment practice. 42 U.S.C. § 2000e-5(e)(l). FEHA requires a complaint to be filed with the California Department of…

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